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When employees matter

We’re your legal partners

Kott Gunning’s Employment Law team deals with all matters affecting the workplace. Acting for clients of all sizes and across all industries, we take the time to understand the complexities and subtleties of each organisation. Our advice spans issues from enterprise bargaining agreements to unfair dismissal claims and disputes to occupational health and safety obligations, including workplace investigations and WorkSafe prosecutions. We act early and proactively in the case of disputes, and we’re thorough and quick to respond when unexpected issues arise.

Expertise

Led by partner Tim Lethbridge, our team has vast experience in drafting employment contracts and policies, advising on enterprise bargaining agreements, and managing award disputes and investigations. We’ve represented clients in all the relevant courts and tribunals. Tim Lethbridge drafts employment contracts and policies and advises on occupational health and safety matters. He also makes time to assess clients’ existing industrial relations systems, proposing ways in which they can be improved.

Partner Elise Croft is experienced in negotiations relating to executive employment issues (often tied up with share sales) and is experienced in drafting and advising upon restraint of trade clauses.

Partner Vidal Hockless, also a principal in our insurance law team, represents clients in all areas of industrial disputes and has a special interest in the management of workplace risk.

Tim, Elise and lawyer Josephine Hart are all members of the Industrial Relations Society of Western Australia and the Industrial Foundation for Accident Prevention.

Experience

Kott Gunning’s Employment team provides advice to private companies of all sizes, local governments, statutory corporations, not-for-profit organisations, healthcare facilities, sporting organisations and individuals. In particular, we have extensive experience advising the construction, real estate, engineering, resources and building sectors.

Examples of our experience include:

  • Assisting employers where difficult issues arise with existing employees, usually relating to repeated poor work performance or allegations of misconduct, discrimination and/or bullying.
  • Advising on existing employment contracts, agreements and policies and also drafting them where required, using internal templates to minimise costs whilst ensuring the documents comply with all relevant workplace laws and place the employer in the most advantageous position possible.
  • Providing advice to a substantial statutory corporation with respect to the negotiation of its enterprise agreement.
  • Advising a substantial utilities provider with respect to a number of union and employee disputes.
  • Acting for a statutory corporation with respect to jurisdictional issues arising from its status as a “trading corporation” (which determines whether it is bound by the Fair Work Act 2009 (Cth) or the Industrial Relations Act 1979 (WA)).
  • Appearing in the Supreme Court opposing an injunction application for restraint of a former employee who set up a competing business.

What we do

  • Industrial relations audits
  • Employment contracts, agreements and policies
  • Enterprise bargaining and agreements
  • Independent contractor agreements
  • Termination of employment
  • Contractual entitlements and benefits
  • Occupational health and safety
  • Bullying and harassment advice
  • Unfair dismissal claims
  • General protection claims including discrimination

People